RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 April 2009
	DOCKET NUMBER:  AR20070018717 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



Member
	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).



THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Air Assault Wings [correctly known as the Air Assault Badge], the Army Commendation Medal, the Southwest Asia Expeditionary Medal [correctly known as the Armed Forces Expeditionary Medal for service in Southwest Asia], the Good Conduct Medal, the Marksmanship Badge Carbine [correctly known as the Marksman Marksmanship Qualification Badge with Carbine Bar], and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar for qualifying with the M-249 machinegun.

2.  The applicant states, in effect, that he has enclosed copies of certificates and orders as proof of his awards.  The applicant contends that proof of award for the Marksman Marksmanship Qualification Badge with Carbine Bar and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar for qualifying with the M-249 machinegun should be listed on his Soldier Record Brief. 

3.  The applicant provides copies of his DD Form 214, Permanent Orders for the Army Commendation Medal, the Air Assault Badge, the Army Commendation Medal, the Good Conduct Medal, and a certificate for award of the Armed Forces Expeditionary Medal in support of this case.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 8 January 1997.  After completion of basic and advanced individual training, he was awarded military occupational specialty 88M (Motor Transport).  


3.  The applicant's DD Form 214 shows that, on 29 April 2002, he was honorably discharged from active duty.  This DD Form 214 also shows he completed a total of 5 years, 3 months, and 22 days of creditable active service with no time lost and the highest rank he attained while serving on active duty was specialist four/pay grade E-4.  

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Air Assault Badge, the Good Conduct Medal, the Army Commendation Medal, the Armed Forces Expeditionary Medal, the Marksman Marksmanship Qualification Badge with Carbine Bar, or the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.  

5.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 
2-1 (Personnel Qualification Record - Part II) does not show the Armed Forces Expeditionary Medal, the Marksman Marksmanship Qualification Badge with Carbine Bar, or the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.  There are also no orders in the applicant's service record which show he was ever authorized these awards.

6.  Item 18 (Remarks) of this DD Form 214 does not show that the applicant served in Saudi Arabia on or before 18 June 1999.

7.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record- Part II) does not show that the applicant served any overseas service assignments.  

8.  The 101st Airborne Division (Air Assault), Air Assault School, Fort Campbell, Kentucky, issued the applicant a Certificate of Training for successfully completing the Standard Air Assault Course, Class No. 55-97, dated 20 August 1997.

9.  Department of the Army, Headquarters, 101st airborne Division (Air Assault), Fort Campbell, Kentucky Permanent Orders Number 238-00175, dated 26 August 1997, awarded the applicant the Air Assault Badge for successful completion of the Standard Air Assault Course, Class No. 55-97.

10.  Headquarters, Division Support Command, 101st Airborne Division (Air Assault), Fort Campbell, Kentucky Permanent Orders Number 88-13, dated 28 March 1999, awarded the applicant the Army Commendation Medal for meritorious service for the period 14 June 1997 through 20 March 2000. 

11.  The applicant provided a copy of a certificate, dated 18 June 1999, which shows he was awarded the Armed Forces Expeditionary Medal for service in Southwest Asia.  

12.  Department of the Army 10th Transportation Battalion, Fort Eustis, Virginia Permanent Orders Number 139-13, dated 18 May 2000, awarded the applicant the Good Conduct Medal (First Award) for exemplary conduct, efficiency, and fidelity in active military service for the period 7 January 1997 through 6 January 2000. 

13.  Army Regulation 600-8-22, (Military Awards) in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  

14.  Army Regulation 600-8-22, provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show award of the Air Assault Badge, the Army Commendation Medal, the Armed Forces Expeditionary Medal for service in Southwest Asia, the Good Conduct Medal, the Marksman Marksmanship Qualification Badge with Carbine Bar, the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar for qualifying with the M-249 machinegun was carefully considered and determined to have partial merit.

2.  Orders show the applicant is entitled to award of the Air Assault Badge for successful completion of the Standard Air Assault Course, Class No. 55-97.  Therefore, the applicant is entitled to correction of his records to show this badge.

3.  Orders show the applicant is entitled to award of the Army Commendation Medal for meritorious service.  Therefore, the applicant is entitled to correction of his records to show this award.

4.  Orders show the applicant is entitled to award of the Good Conduct Medal (First Award) for exemplary conduct, efficiency, and fidelity in active military service.  Therefore, the applicant is entitled to correction of his records to show this award for the period 8 January 1997 to 7 January 2000.

5.  There is no evidence which shows the applicant satisfactorily completed the prescribed proficiency weapon tests for the Marksman Marksmanship Qualification Badge with Carbine Bar or the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.  In view of these facts, there is an insufficient basis to grant these awards.

6.  The applicant's records do not show he served overseas in Saudi Arabia.  Further there are no orders in the applicant's record which show he was assigned to duty in Saudi Arabia.  

7.  The certificate provided by the applicant for award of the Armed Forces Expeditionary Medal for service in Southwest Asia lacks an embossed stamp or seal which is required for authentication purposes.  Therefore, the certificate does not meet the criteria for correcting the applicant’s record to show award of the Armed Forces Expeditionary Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  __X______  __X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Departments of the Army records of the individual concerned be corrected by award of the Air Assault Badge; the Army Commendation Medal; and the Good Conduct Medal for the period 8 January 1997 to 7 January 2000.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Armed Forces Expeditionary Medal for service in Southwest Asia, the Marksman Marksmanship Qualification Badge with Carbine Bar, and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.  




      __________X____________
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070018717



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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